Criminal Justice

Official: Deadly force on fleeing NY prison escapee justified

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After nearly three weeks on the lam, two convicted murderers who escaped earlier this month from a maximum-security prison in New York have been recaptured by authorities.

Richard Matt, 49, was shot to death on Friday; David Sweat also was shot as he fled from a lawman into the woods on Sunday, but survived. Gov. Andrew Cuomo said Monday that Sweat, 35 and physically fit, said the two split up about five days ago. That was at Sweat’s instigation, because the older man was slowing him down, according to CNN and the Albany Times Union.

A lengthy Associated Press article provides more details.

New York State Police Sgt. Jay Cook, spotted Sweat while on a routine patrol, close to the Canadian border. A foot chase ensued and he shot Sweat in the torso as the escapee was about to enter a wooded area, officials said.

Major Charles Guess of the state police and Ed Gavin, who previously served as a state corrections department deputy warden, said the shooting was justified.

Under state law, a law enforcement officer is permitted “to use deadly physical force to stop a fleeing felon who is either charged with a felony or convicted of a felony,” said Gavin. “So the police officer was spot on.”

Guess said Cook had identified Sweat, commanded him to stop and pursued him on foot before shooting him as the escapee seemed to be on the verge of losing the lawman in the woods.

Related coverage:

ABAJournal.com: “The great escape: Using power tools, two murderers burrow one block to exit NY prison”

ABC News: “Escaped Prisoners: How David Sweat and Richard Matt Survived 3 Weeks on the Run”

NBC News: “Escaped Inmate Richard Matt Died From Three Shots to Head: Autopsy”

Wall Street Journal (sub. req.): “Spilled Gin in Cabin Helped Lead to Escapeeā€™s Capture”

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